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(영문) 대법원 2015.04.23 2015도3582
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The assertion that the judgment below erred by exceeding the inherent limits of sentencing discretion based on the principle of balance between crimes and the principle of responsibility falls under the allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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